Author Topic: Traffic offence Solicitors in Leamington Spa-Coventry area  (Read 997 times)

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NewJudge

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Re: Traffic offence Solicitors in Leamington Spa-Coventry area
« Reply #45 on: September 21, 2024, 11:05:42 am »
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Bcos a magistrate has rejected the guilty plea and my
mitigation statement as ‘ inappropriate to be tried under SJP’

As far as I can see, this is the first time you have mentioned the word "tried". Lots of legislation to do with court procedure uses that word to cover all proceedings, but most people understand it to mean proceedings involving a not guilty plea followed by a trial. Is that what you mean and if so, where did you get that idea from?

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Easy for you guys to disagree and ridicule me as an alcoholic...

That was me and I apologise. It was not the best term to use. But you must understand that people here are trying to help you and it has been extremely difficult throughout this thread to get any firm and detailed information from you. It is very frustrating when a simple (but very pertinent) question is asked of you and no answer is forthcoming. When, instead, you start rambling on about conspiracies among the police and judiciary to "fit you up" for what is a minor motoring offence which could have been disposed of by way of a fixed penalty had you simply complied with its requirements, not only does it sound ridiculous but it is ridiculous.

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"We start anew, facing a proper trial with a three member magistrate bench?"

No we don't. Proceedings against you have already commenced and one hearing, where you entered a guilty plea, has already been held. Furthermore, as above, you don't know whether you face a trial or simply a sentencing hearing.

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At least it would answer the million dollar question on why? Why was it inappropriate to try this case under the SJP

We are obviously not going to provide an answer to that question here. But before you consider shelling out £3k to get a solicitor to say "bollox to them all" on your behalf, you might wait to find out why they want you in court. If indeed it is for a trial, that trial will not be heard on the day you attend. Between then and the trial date you can consider your position more rationally.

We are equally as intrigued as you to find out the answer, so would you let us know?
« Last Edit: September 21, 2024, 11:08:33 am by NewJudge »

MJ007

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Re: Traffic offence Solicitors in Leamington Spa-Coventry area
« Reply #46 on: September 21, 2024, 04:42:02 pm »
Please let me know if this is the right approach
Cummulative, from two senior Solicitors

- the hearing on the 21st is because the court has decided your case is not suitable for the Single Justice Procedure (I’m not sure why they have done this).

On the 21st we have the option to plead guilty or not guilty (without attending - even though the summons says you should attend).

On the 21st the case will either be listed for trial or it will be adjourned for a case management hearing. We would deal with the case management hearing via letter.

 Between the 22st and the trial date I would be working to persuade the prosecution to drop the case on public interest grounds.

If we haven’t managed to get them to drop the case by the trial date then we would attend the trial and argue that the offence is not made out.

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This isn’t how these cases work. You have not yet entered a guilty plea because the court has not accepted your guilty plea.

The next hearing would be dealt with via letter confirming a not guilty plea (neither you nor I would attend)